Artificial Intelligence Terms

These Terms (“Terms”) supplement, and where applicable, amend the Universal Customer Agreement (“UCA”) or End User License Agreement (“EULA”) between Siemens and Customer solely with regard to AI Services (as defined below). These Terms, together with the UCA or EULA, as applicable, and all applicable Supplemental Terms, form the agreement between the parties (“Agreement”). If there is a conflict relating to AI Services, these Terms control over the Supplemental Terms, and the Supplemental Terms control over the UCA or EULA, unless an Order or signed amendment expressly states otherwise.

1. AI Services

“AI Services” means services made available by Siemens that Siemens identifies as incorporating or using artificial intelligence technologies.

2. Use

Siemens grants Customer a limited, nonexclusive, nontransferable, non-sublicensable right for Customer and its authorized users to access and use the AI Services included in the applicable Siemens products, services, or deliverables, for the duration of the Agreement term, and in accordance with the applicable documentation.

3. Restrictions

Customer will not, and will not permit any user to:

3.1

use the AI Services or Siemens-provided documentation to create, operate, develop, train, configure, or improve any artificial intelligence technology not provided by Siemens;

3.2

scrape, harvest, systematically collect, or otherwise extract data, content, outputs, or model information from the AI Services, except through functionality or interfaces expressly made available or authorized by Siemens; or

3.3

use the AI Services in violation of applicable law, or in a manner that infringes, misappropriates, or otherwise violates any third-party right.

4. Ownership

Siemens and its licensors retain all right, title, and interest in and to the AI Services and the underlying technology, including all improvements, modifications, and derivative works thereof. No rights are granted except as expressly stated in the Agreement.

5. Systems Information

Siemens, its affiliates, and their subcontractors may collect and derive information, statistics, and metrics regarding the use, operation, support, and maintenance of the applicable products, services, content, and deliverables (“Systems Information”) to market products and services to Customer, support, maintain, monitor, operate, develop, and improve its products and services or enforce its rights, provided that any Systems Information derived from Customer content may only be used to improve products and services when aggregated with other information so that the original content is not identifiable. Siemens may disclose Systems Information to a Siemens-authorized solution partner solely to the extent reasonably required for such partner to fulfill its support obligations to Customer.

6. Output

Customer is responsible for reviewing output generated by the AI Services for accuracy, completeness, suitability, and potential infringement of third-party rights before using, disclosing, or relying on it. To the extent permitted by applicable law, any Siemens’s intellectual property indemnification obligations under the Agreement do not apply to claims arising from such output.